Mobile Courant

U.S. Senator Tommy Tuberville, representing Alabama, has joined Senator Kevin Cramer from North Dakota in filing an amicus brief urging the Appeals Court to uphold a previous ruling that deemed a Biden-Harris administration rule illegal. The contested rule mandates uniform requirements for state departments of transportation and cities regarding greenhouse gas emissions on highways.

The Federal Highway Administration (FHWA) appealed the decision, keeping the matter under judicial review. Tuberville and Cramer argue that Congress considered but ultimately rejected giving FHWA authority to regulate greenhouse gas performance measures. They assert, "In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress."

The brief further claims that FHWA's actions are inconsistent with recent Supreme Court decisions aimed at curbing executive overreach and bypass federalism principles. Other senators joining this effort include John Barrasso, John Boozman, Mike Braun, Katie Britt, among others.

Representatives Sam Graves and Rick Crawford have introduced the brief in the House of Representatives.

In November 2023, FHWA adopted a rule requiring state DOTs to set declining targets for greenhouse gas emissions. Critics argue it poses an undue burden on rural states like Alabama where traffic congestion is minimal. This follows a similar Obama-era rule repealed during Trump's presidency due to legal concerns.

Earlier this year, Tuberville supported a Congressional Review Act Joint Resolution to nullify this rule. The Senate passed it with a vote of 53-47 in April.

Senator Tuberville continues his legislative efforts against what he views as overreach by the Biden administration across various environmental standards and regulations.